§ 17-30-305 - Suspension or revocation.
17-30-305. Suspension or revocation.
(a) The State Board of Licensure for Professional Engineers and Professional Surveyors may suspend or revoke, or refuse to issue, restore, or renew a certificate of licensure of, or place on probation, or fine, or reprimand, or any combination of these, any professional engineer who is:
(1) Found guilty of:
(A) The practice of fraud or deceit in obtaining or attempting to obtain or renew a certificate of licensure or certificate of authorization;
(B) Negligence, incompetency, or misconduct in the practice of engineering;
(C) Failure to comply with this chapter or any of the rules or regulations pertaining to this chapter;
(D) Discipline by another state, territory, the District of Columbia, a foreign country, the United States Government, or any other governmental agency, if at least one (1) of the grounds for discipline is the same or substantially equivalent to those contained in this section;
(E) Failure within thirty (30) days to provide information requested by the board as a result of a formal or informal complaint to the board that would indicate a violation of this chapter;
(F) Knowingly making false statements or signing false statements, certificates, or affidavits to induce payment;
(G) Aiding or assisting another person in violating this chapter or the rules or regulations pertaining to this chapter;
(H) Violating any terms of probation imposed by the board or using a seal or practicing engineering while the professional engineer's license is suspended, revoked, nonrenewed, or inactive;
(I) Signing, affixing the professional engineer's seal, or permitting the professional engineer's seal or signature to be affixed to any specifications, reports, drawings, plans, design information, construction documents, or calculations, or revisions thereof that have not been prepared or completely checked by the professional engineer or under the professional engineer's direct supervision or control;
(J) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public;
(K) Providing false testimony or information to the board; or
(L) Habitual intoxication or addiction to the use of drugs or alcohol; or
(2) Convicted of or enters a plea of nolo contendre to:
(A) A felony;
(B) A crime of which an essential element is dishonesty; or
(C) A crime that is directly related to the practice of engineering.
(b) In addition to any other penalty provided in this section, a person who violates this chapter or any rule or regulation of the board shall pay to the board a civil penalty in an amount determined by the board of not more than five thousand dollars ($5,000) for each offense.
(c) (1) The board shall adopt rules of professional conduct under 17-30-203 that shall be made known in writing to every applicant for licensure under this chapter and published in the roster.
(2) The publication shall constitute due notice to all licensees.
(3) The board may revise and amend these rules of professional conduct from time to time and shall notify each licensee in writing of the revisions or amendments.
(d) The board may:
(1) Revoke a certificate of authorization;
(2) Suspend a certificate of authorization for a period of time not exceeding two (2) years of any firm where one (1) or more of its officers or directors have been found guilty of any conduct that would authorize a revocation or suspension of their certificates of licensure under this section;
(3) Place on probation for a period of time and subject to such conditions as the board may specify; or
(4) Levy a fine in an amount not to exceed five thousand dollars ($5,000) for each count or separate offense.
(e) The board may discipline nonlicensees that violate this chapter by the levy of a fine in an amount not to exceed five thousand dollars ($5,000) for each offense.